For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT-USE CANNABIS FLOWER. Cannabis flower that is approved for sale by the State Office of Cannabis Management or is substantially similar to a product approved by the office. ADULT-USE CANNABIS FLOWER does not include medical cannabis flower, hemp plant parts, or hemp-derived consumer products.
ADULT-USE CANNABIS PRODUCTS. A cannabis product that is approved for sale by the State Office of Cannabis Management or is substantially similar to a product approved by the office. ADULT-USE CANNABIS PRODUCT includes edible cannabis products but does not include medical cannabinoid products or lower-potency hemp edibles.
CANNABIS FLOWER. The harvested flower, bud, leaves, and stems of a cannabis plant. CANNABIS FLOWER includes adult-use cannabis flower and medical cannabis flower. CANNABIS FLOWER does not include cannabis seed, hemp plant parts, or hemp-derived consumer products.
CANNABIS PRODUCT. Any of the following:
(1) Cannabis concentrate;
(2) A product infused with cannabinoids, including, but not limited to, tetrahydrocannabinol extracted or derived from cannabis plants or cannabis flower; or
(3) Any other product that contains cannabis concentrate.
HEMP-DERIVED CONSUMER PRODUCTS.
(1) A product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and:
(a) Contains or consists of hemp plant parts; or
(b) Contains hemp concentrate or artificially derived cannabinoids in combination with other ingredients.
(2) HEMP-DERIVED CONSUMER PRODUCTS does not include artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp grain.
LOWER-POTENCY HEMP EDIBLE. Any product that:
(1) Is intended to be eaten or consumed as a beverage by humans;
(2) Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients;
(3) Is not a drug;
(4) Consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts;
(5) Does not contain more than a combined total of one-half milligram of all other cannabinoids per serving;
(6) Does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol;
(7) Does not contain a cannabinoid derived from cannabis plants or cannabis flower; and
(8) Is a type of product approved for sale by the office or is substantially similar to a product approved by the office, including, but not limited to, products that resemble nonalcoholic beverages, candy, and baked goods.
PUBLIC PLACE or PLACE OF PUBLIC ACCOMMODATION.
(1) A public park or trail, public street or sidewalk, any enclosed, indoor area used by the general public, including, but not limited to, theaters, restaurants, bars, food establishments, places licensed to sell intoxicating liquor, wine, or malt beverages, retail businesses, gyms, common areas in buildings, public shopping areas, auditoriums, arenas, or other PLACES OF PUBLIC ACCOMMODATION.
(2) A business, refreshment, entertainment, recreation, or transportation facility of any kind, whose goods, services, facilities privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
(3) A PUBLIC PLACE or PLACE OF PUBLIC ACCOMMODATION does not include the following:
(a) A private residence, including the individual’s curtilage or yard;
(b) A private property, not generally accessible by the public, unless the individual is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or
(c) On the premises of an establishment or event licensed to permit on-site consumption.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products. SMOKING includes carrying or using an activated electronic delivery device for human consumption through inhalation of aerosol or vapor from the product.
(Ord. passed 8-8-2023)